Whether a DWI stays on your record depends entirely on how the case ended. Brian Foley walks through the options in this video.
If the case was dismissed or you were acquitted — expunction
The arrest and charge can be expunged under Code of Criminal Procedure Chapter 55. Every record is destroyed, and you may lawfully deny the arrest. This is why fighting the case matters so much: a dismissal — whether from a suppressed stop, a bad blood draw, or a pretrial diversion program — leads to a clean record, and a plea does not.
If you were convicted of a first DWI — nondisclosure
Since 2017, Government Code § 411.0731 allows an order of nondisclosure for a first DWI conviction (Penal Code § 49.04, not enhanced) when:
- It is your only DWI and you have no other convictions besides fine-only traffic offenses;
- Your alcohol concentration was below 0.15;
- The offense did not involve a crash with another person;
- You completed the sentence, including any probation, and paid all fines and costs; and
- The waiting period has passed: two years if you had an ignition interlock on your vehicle for at least six months as a condition, otherwise five years.
The judge must also find that sealing the record is in the best interest of justice. A sealed DWI is hidden from private background checks but remains visible to law enforcement, prosecutors, DPS, and licensing agencies — and it still counts as a prior if you are ever charged again.
What cannot be cleared
A DWI with a 0.15 or higher result, a second DWI, DWI with a child passenger, intoxication assault, and intoxication manslaughter convictions are permanent. So is deferred adjudication on a DWI, which — unusually — is not eligible for the standard deferred-adjudication nondisclosure but is covered by the DWI-specific statute if the other conditions are met.
The strategy
Because the 0.15 threshold and the interlock both affect eligibility, decisions made during the case — whether to accept an interlock, whether to fight the blood result — determine whether the record can ever be sealed. That planning starts at the first consultation. Call or text (713) 703-1718 to speak with our Houston DWI attorneys.